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2004 DIGILAW 1591 (RAJ)

Chouthmal v. State of Rajasthan

2004-11-01

ASHOK PARIHAR

body2004
JUDGMENT 1. - Petitioner was initially appointed on the post of Surveillance Worker in Public Health Centre, Village Sinca on 11.7.1960. As has come on record, petitioner appears to have absented from duty w.e.f. 16.5.1980 without any prior information or submitting leave applications. The notices, sent by the Department, were also returned back with the remark that the whereabouts of the petitioner are not known. It seems that the petitioner submitted his joining report on 17.2.1982. However, since no medical certificates were annexed with the joining report, the petitioner was asked to seek necessary directions from the Director of Medical & Health Department. Even thereafter, as has been submitted in the reply filed on behalf of respondents, that the petitioner did not report to the Director of Medical and Health, Jaipur and again remained silent for a very long time till the first notice was given by the counsel for the petitioner only in year 1997. Respondents in their reply have submitted that in view of long absence without prior approval and sanction of leave and even information to the Department, the services of the petitioner have been treated as having abandoned. Even as per the submissions made by the learned counsel, the petitioner also reached the age of superannuation in the year 1997. It seems that only after reaching the age of of superannuation, the first legal notice was given by the petitioner after more than 16 years. 2. Having considered the entire facts and circumstances, in my opinion, the prayers, as made in the present petition, cannot be accepted by this court. However, since the petitioner has served the Department from 1960 to 1980, the petitioner may make a representation to the authorities concerned to pay him retiral benefits, if he is, otherwise, entitled under the relevant Rules and it is expected from the authorities concerned to examine the matter as per relevant rules and if required, make the necessary payment as early as possible. 3. The petition stands disposed of accordingly.Writ Petition Disposed of as Above. *******